RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-02545
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20020130

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E5, Infantryman, medically separated for “low back pain” with a disability rating of 10%.  

CI CONTENTION:  “This injury continue to bother me.  Also, I was denied employment with USPS because of it.”  The complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The panel’s scope of review is defined in DoDI 6040.44.  It is limited to review of disability ratings assigned to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting or non-compensable.  Any conditions outside the panel’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military Records.  Furthermore, the panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’s assessment of the PEB rating determination is based on review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition(s) at the time of separation.  The panel has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.  The panel gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20011210	VARD - 20020215	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Mechanical Low Back Pain, Without Neurological Abnormality	5299-5295	10%	Mechanical Low Back Pain	5295	10%	STR	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Chronic Mechanical Low Back Pain (LBP), Without Neurological Abnormality Diagnosis.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s LBP condition began in December 2000 after falling on ice during a road march.  The CI reported his LBP did not resolve with physical therapy or medication.  Radiographic studies of the lumbosacral spine were normal.  The orthopedic surgeon determined the CI was not a surgical candidate.  

At the 28 August 2001 Primary Care clinic appointment, 6 months prior to separation, the CI reported LBP pain occurring through the day.  On examination, range of motion (ROM) was forward flexion of 90 degrees and extension of 30 degrees, both with slight pain.  

The 14 November 2001 MEB NARSUM examination, 2 months prior to separation, noted complaints of back pain for greater than 10 months.  No pain medication were being utilized.  The CI reported he was not able to perform his military duties and duty restrictions were in place.  The physical examination showed normal range of motion.  

There was no VA Compensation and Pension (C&P) evaluation in evidence.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the back condition 10%, analogously coded 5299-5295 (lumbosacral strain) citing no neurologic abnormality, no documented chronic muscle spasm and characteristic pain on motion.  The VA also rated the back condition 10% coded 5295 (lumbosacral strain), based on the STR, citing characteristic painful or limited motion.  

There was no limitation of spine ROM to support a minimum rating under VASRD codes 5286, 5288, 5289, 5291 or 5292.  There was characteristic pain on motion to warrant a 10% rating under VASRD code 5295 (lumbosacral strain); however, there was no muscle spasm on extreme forward bending or loss of lateral spine motion in the standing position to justify the next higher 20% rating.  There was no documentation of intervertebral disc syndrome (IVDS) with recurring attacks to provide for a higher rating under code 5293.  

After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication for the back condition.  

BOARD FINDINGS:  In the matter of the LBP condition and IAW VASRD §4.71a, the panel unanimously recommends no change in the PEB adjudication.  There were no other conditions within the panel’s scope of review for consideration.  

The panel, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20151116, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170013316, XXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXX

The Department of Defense Physical Disability Board of Review (DoD PDBR)
reviewed your application and found your separation disability rating and your
separation from the Army for disability with severance pay to be accurate. I have
reviewed the Board’s recommendation and record of proceedings (copy enclosed), and
I accept its recommendation. I regret to inform you that your application to the DoD
PDBR is denied.

This decision is final. Recourse within the Department of Defense or the
Department of the Army is exhausted; however, you have the option to seek relief by
filing suit in a court of appropriate jurisdiction.

Sincerely,

XXXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary of the Army

Enclosure